DARSHAN KUMAR SAHNI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India had earlier been disposed off by this Court on 19th of January 2001, whereby this Court had allowed the writ petition by directing that for the purpose of calculating his pensionary and other settlement dues, the last drawn pay of the petitioner be taken as Rs 2450, which was the pay he was actually drawing while on deputation with CRIS (Centre for Railways Information system), and wherefrom he took voluntary retirement from the Railways on 30. 11. 1993 and got permanently absorbed in CRIS on 1. 12. 1993. The Court had further observed that the relief was being granted in the facts and circumstances of the present case and that it would not constitute a precedent. The respondent, Union of India challenged the aforesaid decision before the Supreme Court of India. Civil Appeal No. 7201 of 2002 preferred by the Union of India was allowed by the Supreme Court by the following order:

(2.) IN view of the aforesaid the matter stands remitted back to this Court for reconsideration afresh.

(3.) WHILE serving as Enquiry and Reservation Clerk [eandrc/delhi (R)] in the pay scale of Rs. 425-640 the petitioner was transferred in the same capacity and grade to the office of chief projects manager (CPM)/ois in connection with the computerization of seat/berths reservation vide notice dated 10th of October 1985. Vide order dated 28th of November 1985 the petitioner, who was working as senior console operator in the grade rs 455 -- 700 was promoted to officiate as senior console operator in the grade Rs. 550 - 750. This order was issued by the office of CPM/ois, Northern railway. Vide notice dated 12th of December 1985 the CPM /ois, Northern railway fixed the pay of the petitioner- senior console operator at Rs. 550 with effect from the 28th November 1985 in the grade of Rs. 550 -- 750. The petitioner was promoted from the grade of Rs. 550 -- 750 to the grade of Rs. 650 - 960 while working as senior console operator with effect from the 1 september 1986 by the order dated the 1 September 1986, also issued by the cpm/prs, Northern Railway.